2002-087S:\Our Doeumenlz\Ordinanees\02\Condemnation Ordinance Clayton Homes2.doc
ORD1NANCENO. d~O~ -- t~7
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIM_ATE 1.44 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR
MUNICIPAL PURPOSES, INCLUDING FOR LANDSCAPE BUFFER PURPOSES, SUCH
TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING
LOCATED IN THE G.WALKER SURVEY ABSTRACT NUMBER 1330 1N THE CITY OF
DENTON, DENTON COUNTY TEXAS; AND BEING A PART OF THE EDWARDS ROAD
AND A PART OF ALLEN ESTATES MOBILE HOME PARK AS SHOWN BY PLAT
THEREOF RECORDED IN CABINET C. PAGE 383 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION
AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS
DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN
ORDER TO ACQUIRE THE PROPERTY IN FEE SIMPLE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require the acquisition of fee simple title for the public purposes
described herein, with such fee simple title vesting in the City of Denton; and
WHEREAS, the hereinafter described property is believed to be owned by the CMH
Parks, Inc., a Tennessee Corporation ("Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Pubhc necessity exists and public welfare and convenience require the
acquisition of fee simple title, with such fee simple title vesting in the City of Denton in that
certain tract or parcel of land containing approximately 1.44 acre, together with improvements
thereon and appurtenances thereto as more particularly described in Exhibit "A" and illustrated
in Exhibit "B", attached hereto and made a part hereof by reference (the "Property"). The
Property is being acquired for municipal purposes, including a landscape buffer. A portion of
the Property is currently encumbered with a public street and public street easement in favor of
the City. Access to the Property from the Owner's remaining property will be denied.
SECTION 2. The City Council finds that $6,721.00 (the "Compensation") is just
compensation for the Property including damages to the remainder, if any, said stun being based
on an independent appraisal obtained by the City. The City Manager or his designee is hereby
authorized and directed to make an offer for the Property to the owner of the Property in the
amount of the Compensation.
SECTION 3. In the event the offer as described in Section 2 is refused by the Owner of
the Property, the City Attorney or his designee is hereby authorized and directed to file the
necessary condemnation proceedings or suit and take whatever action that may be necessary
against the Owner and any other parties having an interest in the Property to acquire fee simple
title in the Property for the purposes described in Section 1 above, with such fee simple title
vesting in the City of Denton.
SECTION 4. If it should be subsequently determined that additional parties other than
those named herein have an interest in said property, then in that event, the City Attorney or his
designee is authorized and directed to join said parties as Defendants in said condemnation.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~-- dayof ~/-~.. ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APi~OVED AS TO LEGAL FORM:
Page 2
· Exhibit "A"
Surveyors & Engineers
of North Texas
1621 Amanda Court
Ponder, Texas 76259
Ph: (940) 482-2906
FAX: {940) 482-000g
Metro: (940) 243-3832
www.sentcorp.com
All that certain tract of land situated in the G. Walker Survey Abstract Number 1330 City of Denton, Denton County,
Texas and being a part of Edwards Road and a part of Allen Estates Mobile Home Park as shown by the plat thereof
recorded in Cabinet C, Page 383 of the Plat Records of Denton County, Texas; the subject tract being more particularly
described as follows:
BEGINNING for the Northwest comer of the tract being described herein, at a 1/2 inch iron rod found at the Northwest
comer Allen Estates Mobile Home Park on the East right-of-way of Mayhill Road and the South right-of-way of
Edwards Road as dedicated;
THENCE North 01 Degrees 27 Minutes 27 Seconds East with the extension of the East right-of-way of Mayhill Road
across Edwards RoM a distance of 29.66 feet to the South line of the tract of land described in the deed fi.om Roger C.
Sullivan to the City of Denton recorded under Clerk's File Number 96-R0000829 of the Real Property Records of
Denton County, Texas;
THENCE South 88 Degrees 46 Minutes 00 Seconds East with the South line of the City of Denton Landfill tract a
distance of 1,429.44 feet to the Northeast comer of the called 61 2/3 acre First Tract as described in the deed to S. D.
Roberts recorded in Volume 256, Page 549 of the Deed Records of Denton County, Texas and the Northwest comer of
the called 1.822 acre tract described in the deed from James L. Brockie et al to the City of Danton;
THENCE South 01 Degrees 48 Minutes 59 Seconds West with the East line of the said 61 2/3 acre tract and the West
line of. the said 1.822 acre tract a distance of 300.02 feet to a 1/2 inch iron rod set at the Southwest comer thereof;
THENCE North 88 Degrees 46 Minutes 00 Seconds West across Edwards Road a distance of 30.00 feet to a 1/2 inch
iron rod set on the West right-of-way of Edwards Road and the East line of Allen Estates Mobile Home Park;
THENCE North 01 Degrees 48 Minutes 59 Seconds East with the East line of Allen Estates Mobile Home Park and the
West right-of-way of Edwards Road a distance of 159.70 feet to a I/2 inch iron rod set;
Thence across Allen Estates Mobile Home Park along a fence on the South side of Edwards Road as constructed the
following five calls;
i. North 35 Degrees 23 Minutes 53 Seconds West a distance of 41.61 feet to a 1/2 inch imn rod set;
2. North 74 Degrees 50 Minutes 20 Seconds West a distance of 95.l 1 feet to a 1/2 inch iron rod set;
3. North 63 Degrees 59 Minutes 39 Seconds West a distance of 58.64 feet to a I/2 inch iron rod set;
4. North 71 Degrees 35 Minutes 05 Seconds West a distance of 88.89 feet to a I/2 inch iron rod set;
5. North 84 Degrees 17 Minutes 41 Seconds West a distance of 45.38 feet to a 1/2 inch iron rod set on the South right-
of-way of Edwards Road and the North line &Allen Estates Mobile Home Park;
Thence North 88 Degrees 46 Minutes 00 Seconds West with the South right-of-way of Edwards Road and the North
line of Allen Estates Mobile Home Park along the said fence a distance of 1,097.58 to the PLACE OF BEGINNING
and enclosing 1.440 acres of land of which 1.160 acres lie within the dedicated right-of-way &Edwards Road.
10-26-01
I
D. HOUGH SY, A-646
~ -
EDWARDS ROAD
1.440 ACRES IN THE G. WALKER SY. A-1330
DATE: 10-26-01
SCALE: 1"=200'
CITY OF DENTON DRAWN: CF
DENTONCOUNTY, TEXAS CHECKED; WMC
Surv. eyors &
Engineers of
Nort
Texas, Inc.